Criminal Trial Process Revision | HSC Year 12 Legal Studies

Summary

In this educational video transcript, the presenter engages with the audience through a Q&A format to clarify the roles in a criminal trial. They explain the jury's responsibility for determining guilt 'beyond a reasonable doubt' and the judge's role in sentencing. The discussion also covers the Director of Public Prosecutions' role, the purpose of committal hearings, and the conditions under which Legal Aid is granted. The presenter emphasizes the importance of understanding these concepts for exams, using polls to gauge understanding and encouraging active participation.

Takeaways

• 👨‍⚖️ The jury is responsible for determining the verdict in a criminal trial, deciding whether the defendant is guilty or not guilty beyond a reasonable doubt.
• 📚 The judge's role is not to determine the verdict but to oversee the trial process and determine the sentencing if the defendant is found guilty.
• 🔍 The Director of Public Prosecutions (DPP) reviews the charges against an accused person and decides whether to prosecute, not to appoint defense barristers or assign judges or juries.
• 🧐 A committal hearing is used to establish if there is a prima facie case, meaning if there is enough evidence for a possible conviction.
• 🛡 Self-defense can be used as a partial defense in criminal trials, which may reduce the charge from murder to manslaughter.
• 🤔 The right to Legal Aid is not automatic; it is a privilege given based on certain conditions such as financial need or likelihood of injustice.
• 💡 The process of elimination can be a useful strategy for answering multiple-choice questions, especially when unsure of the correct answer.
• 📈 Memorization is key for subjects like Crime in legal studies, as multiple-choice questions often test knowledge of specific legal terms and concepts.
• 📑 Legal aid prioritizes those with lower income levels and those who might suffer injustices, such as indigenous people.
• ⏹ A person who exercises their right to remain silent before trial can still provide evidence at trial, but the judge can instruct the jury that this evidence may not be reliable.

Q & A

Who is responsible for determining the verdict in a criminal trial?

The jury is responsible for determining the verdict in a criminal trial. They decide whether the defendant is guilty or not guilty beyond a reasonable doubt.

What is the role of the judge in a criminal trial?

The judge in a criminal trial does not determine the verdict but is responsible for the sentencing of the offender. They interpret the law and determine the appropriate sentence based on mitigating and aggravating factors.

What is the role of the director of public prosecutions (DPP)?

The director of public prosecutions reviews the charges against an accused person and decides whether to prosecute. They do not appoint defense barristers, assign judges, or appoint juries.

What is the purpose of a committal hearing?

A committal hearing is used to establish if there is a prima facie case. It determines if there is enough evidence for a possible conviction and if it is worth proceeding to a trial.

What are some examples of partial defenses in criminal law?

Partial defenses in criminal law include accidents, insanity, necessity, and self-defense. These defenses may reduce a charge but do not completely absolve the accused of responsibility.

What is the general principle regarding a person's right to legal aid during a serious indictable offense trial?

A person's right to legal aid is not guaranteed for all accused persons. Legal aid is a privilege, not a right, and is typically reserved for those who cannot afford legal representation and where an injustice is likely to occur without it.

How can the right to remain silent impact a defendant's trial?

A defendant's right to remain silent can impact their trial as any evidence they do not provide at the time of arrest may be questioned for reliability during the trial. The prosecution can argue that new evidence brought up later might be fabricated.

What is the significance of the phrase 'anything you say may be used against you' in the context of arrests?

The phrase 'anything you say may be used against you' implies that not only can incriminating statements be used against an arrested person, but also their silence can be seen as suspicious and potentially used against them in court.

Why might a person be denied legal aid during a trial?

A person might be denied legal aid if they are above the wage threshold, making it unfair for them to receive public funding when others with lower income cannot afford representation. Additionally, if the evidence strongly suggests their guilt, providing legal aid may be seen as unnecessary.

What is the difference between a complete defense and a partial defense in criminal law?

A complete defense, such as self-defense, can reduce a charge from murder to manslaughter. A partial defense does not absolve the accused but may reduce the severity of the charge or sentence.